Originally Posted by
Special K
In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.
Non-commercial use is often fair use. Violations often occur, however, when the use is motivated primarily by a desire for commercial gain.
There are five basic rules to keep in mind when deciding whether or not a particular use of an author's work is a fair use:
Rule 1: Are You Creating Something New or Just Copying?
The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.
Rule 2: Are Your Competing With the Source You're Copying From?
Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.
For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.
Rule 3: Giving the Author Credit Doesn't Let You Off the Hook
Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.
Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be
The more material you take, the less likely it is that your use will be a fair use. As a general rule, never: quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem. Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2000 words from a work of 500,000 words might be fair. It all depends on the circumstances. To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays.
Rule 5: The Quality of the Material Used Is as Important as the Quantity
Benefit to the public may be fair use. A commercial motive doesn't always disqualify someone from claiming a fair use. A use that benefits the public can qualify as a fair use, even if it makes money for the user.
Accordingly, I don't believe the non-commercial use of the text including in INTIMIDATOR'S post and references that were used for the purposes of commentary, debate and education rise to the level of infringement and are likely a fair use of the material.